HomeMy WebLinkAbout830845.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 526 -
CHARLES KIRBY
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on January 13,
1983, approved Recorded Exemption No. 526 for Charles Kirby con-
cerning property described as Part of the NzNEa, Section 17 ,
Township 6 North, Range 67 West of the 6th P .M. , Weld County,
Colorado, and
WHEREAS, Charles Kirby is now requesting that Recorded
Exemption No. 526 be amended to increase the size of Lot B from
1. 52 acres, as stated in the original Recorded Exemption, to
16. 9 acres, and
WHEREAS , the Board of County Commissioners has studied said
request to amend Recorded Exemption No. 526 and deems it advisable
to approve same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment to
Recorded Exemption No. 526 for Charles Kirby be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) The applicant shall submit
a revised mylar plat indicating a seventy-five (75) foot Right-
of-Way from the centerline of State Highway 257 ; and 2) The
revised mylar plat shall be submitted to the Department of
Planning Services Office to be recorded in the office of the
Clerk and Recorder. The plat shall be drawn in accordance with
the requirements of Section 9-2 C. (4) of the Weld County Sub-
division Regulations. The plat shall be submitted within ninety
(90) days from the date of approval by the Board.
LD:ZON RE 526
8:10845
Page 2
RE: AMENDED RE#526 - CHARLES KIRBY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
August, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘711a7 L4.4. WELD COUNTY, COLORADO
(�/l J1 /
Weld County Clerk and Recorder 6) __�_;
and Clerk to the Board Chn2"k Carlso , Chairman
r ) Ai,of -;cc,"
eputy County Cler Jh T. Martin, Pro-Tem
APPROVED AS TO FORM: EXCUSED
7 Gene R. Brantner
i County Attorney Norman Carlson
EXCUSED
Jacqueline Johnson
DAY FILE: August 15, 1983
810845
AMENDED RECORDED EXEMPT/ON
NUMBER : 0807- /7-/-RE 526
DATE : JULY 1 , 1983 SHEET / OF 2
OWNER: CHARLES W. KIRBY
206 EAST MAIN
WINDSOR, COLORADO 80550
PHONE : 686-2363
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHEAST QUARTER, SECTION 17 , TOWNSHIP 6 NORTH , RANGE 67 WEST OF
THE 6th P.M. , EXCEPT A STRIP OF LAND 29 FEET WIDE OFF THE SOUTH SIDE, ALSO EXCEPTING
THAT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY DEED RECORDED
MAY 27, 1966 IN BOOK 568 AS RECEPTION NO. 1489972 , WELD COUNTY RECORDS , ALSO EXCEPTING
THAT PARCEL RECORDED IN BOOK 602 AS RECEPTION NO. 1524037 , WELD COUNTY RECORDS , ALSO
EXCEPTING THAT PARCEL RECORDED IN BOOK 614 AS RECEPTION NO. 1535536 , WELD COUNTY RECORDS ,
ALSO EXCEPTING THAT PARCEL RECORDED IN BOOK537,RECEPTION NO. 1458912 WELD COUNTY RECORDS,
ALSO EXCEPTING A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 17 , TOWNSHIP 6 NORTH , RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID
SECTION 17 AND CONSIDERING THE-EAST LINE OF SAID NORTHEAST QUARTER TO BEAR SOUTH
00° 00' 00" WES WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;
THENCE SOUTH 00 00' 00" WEST, 1090.66 FEET;
THENCE SOUTH 90° 00' 00" WEST , 429. 75 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED
IN BOOK 614, RECEPTION NO. 1535536 AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00 00' 00" WEST , 213.47 FEET TO A POINT BEING 29 FEET NORTH OF THE SOUTH
LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 17;
THENCE SOUTH 87 43' 40" WEST , 313.40 FEET PARALLEL WITH SAID SOUTH LINE ;
THENCE NORTH 15° 33' 53" WEST, 234.49 FEET;
THENCE NORTH 90° 00' 00" EAST, 376.08 FEET TO THE TRUE POINT OF BEGINNING; THE REMAINING
PORTION OF SAID NORTH HALF OF THE NORTHEAST QUARTER CONTAINS APPROXIMATELY 72.4 ACRES.
OWNER'S CERTIFICATE
CHARLES W. KIRBY THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE
THE SAME AS SHOWN ON THE .ATTACHED MAP.
o �.
CHARLES W. KIRBY
NOTARIAL CERTIFICATE
STATE OF COLORADO )
COUNTY OF WELD )ss
THE FOREGOING CERTIFICATE WAS ACKNOWLEGED BEFORE ME THIS "1 DAY OF Ca,...,."\u_?t , A.D. ,
1983 BY CHARLES W. KIRBY.
MY COMMISSION EXPIRES : 4,. - \ ) -ni5
WITNESS MY HAND AND SEAL: P,e1>_a ,kp.C. cess1
SURVEYOR' S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON JULY 1 , 1983 , UNDER MY SUPERVISION AND
THATT!y�TTHE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
HA�
LjK
GERALD B. McRAE , PROFESSIONAL ENGINEER AND
LAND SURVEYOR, COLORADO REG. NO. 6616
. <
COUNTY COMMISSIONERS' CERTIFICATE *,_,,,
THE ACCOMP YING PLAT IS ACCEPTED AND APPROVED R FILING. '
ATTEST : � fL` uLlP� i SO/< f/•�'COUNTY ERK C ARDITII '�,'t?I�II CI JW PSS ONERS
BY : C73.11 \r d /1 it-4--/
DATE : /7- 3 T� 4t ._
t r
` 045
McRAE #` SHORT /NC. /227 8th Ave. Greeley, Coto. 8063/ Prof. no. 83/02
AMENDED RECORDED EXEMPT/ON
NUMBER : 0807- /7-IRE 526
SWEET - 2of0
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East /4 cot. Sec./7—
Revised 8-/Z83 - Added 75' Ht-v. Raw. 81QF}45
Mc RAE 1 SNORT /NC. /227 8th Ave. Greeley, Coto. 8063/ Pro/. no. 83/02
-' DEPARTMENT OF PLANNING SERVICES
4 PHONE is gib ,o
o3;go x .00
•.. .-- GREELEY COLORADG 80651
IDO August 10, 1983
I OR ADO
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Amended Recorded Exemption #526
Dear Commissioners:
The attached application, plat and related items are in reference to a
request of Charles Kirby for a recorded exemption. The parcel of land on
which this request is being made is described as part of the N1 NE1,
Section 17, T6N, R67W of the 6th P.M. , Weld County, Colorado.
The property is located adjacent and northwest of Windsor on Colorado
State Highway 257. The property contains approximately 72.326 acres
of Class IIe (Prime) IIs (Prime) IIIe (Prime) and VIw irrigated soils.
The request is to divide the property into parcels of 55.4 acres and 16.9
acres, more or less. The first recorded exemption established Lot "B"
with 1.52 acres. This amendment would increase the size of Lot "B" by
eleven fold.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved
for the following reasons:
1. The request complies with Section 9-2 C. of the Weld County
Subdivision Regulations submission requirements;
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
- The 72.326 acres, more or less, under consideration will allow
uses which are consistent with the intent clause of the Agri-
cultural Zone District. The uses will be compatible with
existing surrounding uses.
890845
Board of County Commissioners
August 10, 1983
Page 2
The proposal is in compliance with Section 1-3 of the
Weld County Subdivision Regulations and the proposed
land division complies with the Weld County Comprehensive
plan. Therefore, the proposed use is consistent with
efficient and orderly development;
- The proposal does not exist in an overlay district area;
- The proposed lots meet minimum lot size requirements for
land division;
- The North Weld Water District has indicated adequate
water service is available for this proposal;
- The proposed lots are not part of a recorded exemption
within the last five (5) years;
- The two lots proposed will have adequate access from
Colorado Highway 257;
- The Weld County Health Department has indicated, in a
letter dated December 29, 1981, that both lots will have
adequate sewage capacity.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant shall submit a revised mylar plat indicating a
seventy-five (75) foot right-of-way from the centerline of
State Highway 257. This concern was expressed for the second
time by the Colorado Division of Highways; and
2. The revised mylar plat shall be submitted to the Department of
Planning Services office to be recorded in the office of the
Clerk and Recorder. The plat shall be drawn in accordance with
the requirements of Section 9-2 C. (4) of the Weld County Subdivi-
sion Regulations. The plat shall be submitted within ninety (90)
days from the date of approval by the Board.
Respectfully,
Aida 11/1(S2i! .
Michael S. Mullen
Current Planner
MSM:rjg
0845
FIELD CIILCK
FILING NUMBER: sE-193 t RE 514. DATE OF INSPECTION: August 8, 1983
NAME: Charles W. Kirby
REQUEST: Subdivision Exemption
LEGAL DESCRIPTION: Part of the Nk NE14, Section 17, T6N, R67W of the 6th P.M.
LAND USE: N Irrigated cropland (alfalfat corny beans), farm residence
E Highway 257, irrigated cropland (beans, hayfield) , farm residence
S 4 residences in the southeast corner, Greeley #{2 Canal, irrigated cropland
(corn) , Windsor Lake
W Irrigated cropland (alfalfa and hayfields), railroad, residence
/ONING: N Agricultural
LOCATION: Adjaceutaud northwest of Windsor; E Agricultural
Lest Qf Colorado Highway 257 S Agricultural
W Agricultural
COMMENTS:
The Kirby property is a combination of a cattle feedlot, irrigated pasture, and
hayfield for the cattle operation. Improvements on the property include an extensive
set of corrals, six (6) outbuildings, and silos. The storage of farm equipment is also
included on the property. The land is relatively flat and it has access to Colorado
Highway 257.
BY: /, r`c Q•cac. GVA
Michael S. Mullen, Current Planner
MSM:rjg
g 8 .e,•0nn 845
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
rals.ec•84264 c� .Sad, APPL . FEE c3.�°- lag V
CASE NO . � L-30. RECORDING FEE
ZONING DISTRICT � r ,'r�, (fibut, RECEIPT NO .
DATE ri • Hat APPL . CHECKED BY 49-
TO BE COMPLETED BY APPLICANT : ( Print or type only except for required
signatures )
I (we) , the undersigned hereby request that the following described
property be designated a recorded exemption by the W d my
Board of County Commissioners . LEGAL DESCRIPTION : See Exhibit "A")
TOTAL ACREAGE : 72.326
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes x No
FEE OWNERS OF PROPERTY :
Name : Charles W. Kirby
Address : P.O. Box 220 Phone : 686-2363
Name : Windsor, Colorado 80550
Address : - Phone :
Name :
Address : Phone :
North Weld North Weld
WATER SOURCE : Larger Parcel Cty Water Dist Smaller Parcel Cty Water Dist
On site septic On site septic
TYPE OF SEWER : Larger Parcel and leach field Smaller Parcel and leach field
Ag ricultural
PROPOSED USE : Larger Parcel Agricultural Smaller Parcel and Residential
ACREAGE : Larger Parcel 55.4 Smaller Parcel 16.926
EXISTING DWELLINGS : ( Yes or No ) No (Yes or No ) No
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitted with or contained
within this application are true and correct to the best of my
knowledge .
COUNTY OF WELD /,
STATE OF COLORADO ) x
S nature . jerxioat Authorized Agent
Subscribed and sworn to before me this 11th day of July
19 83 —
( SEAL )
Notary P blic
1011 Ele nth Avem Gre 1 y, Colorado 80631
My Commission Expires Aug.22,1983
My Co- - ission expires :
8 '0845 Ai
KENNETH F. LIND N D THE LAW BUILDING
GEORGE H. OTTENHOFF 1011 ELEVENTH AVENUE
P.O.BOX 326
ATTORNEYS AT LAW GREELEY, COLORADO 80632
July 11, 1983 TELEPHONE(303)353-2323
Weld County Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
Re: Amended Recorded
Exemption Application
(Kirby)
Gentlemen:
Attached to this letter please find an Application for a Recorded
Exemption, check in the amount of $95.00 for your application fee, Plat Map,
and a Certificate of Conveyances including a copy of the Deed showing current
ownership. Additionally, please let this letter serve as support for the Amended
Exemption Application.
This Amended Exemption Application is presented on behalf of the owner
of the property, C. W. Kirby, who desires to increase the acreage of the
recorded exemption previously granted due to requests by potential purchasers of
the property. As this property is located north of Windsor, it is in the area
contemplated for rural residential growth and individuals who have inspected the
property have determined that the previous recorded exemption containing 1.52
acres was too small for rural residential use. Specifically, the acreage was
determined to be too small for a home and horse barn and associated pasture,
which is the contemplated use of the property. It should also be mentioned that
the 1.52 acres was too large of a parcel of land for construction of a residential
home by an individual who did not desire the use of associated amenities such
as horse facilities.
As this property currently has a recorded exemption of 1.52 acres, we
would request that you approve the increased exemption thereby allowing more
beneficial use of the property and an increased tax basis for the county.
It should also be noted that both parcels are currently within the A Zone
District and all surrounding land is used for farming or rural residential purposes.
These uses are compatible with the existing area as well as the expected future
development and is therefore not inconsistent with any type of efficient and/or
orderly development. The property is not within any overlay district.
We would request that this Amended Exemption be granted as it is
consistent with both current and future uses of the property and is totally
8 30845(
Weld County Department of Planning Services
July 11, 1983
Page Two
consistent with the area surrounding the property. Thank you for your
consideration.
Yours very truly,
LIND yeTTEN O
yr,/
Grge . Ottenhoff
/ /
GHO/cg 1
Enclosures
830845
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LEGAL DESCRIPTION :
The North Half of the Northeast Quarter of Section 17, Township 6 North, �p1/
Range 67 West of the Sixth P.M. , Weld County, Colorado, EXCEPT a strip YY
of land 29 feet wide off—the South side, ALS0GEPIING that portion '
conveyed to the Department :of Highways, State of Colorado, by deed i/ /
recorded May 27, 1966, Bk. 568, Rec . # 1489972 in Weld County Records, p,./15 !! "
ALSO EXCEPTING that portion conveyed to Ernest and Janet B. Hamburger,
by deed recorded November 19, 1968, in Book 602, Rec . # 1524037, Weld
County Records, ALSO EXCEPTING that portion conveyed to John and Helen
Kelly by deed recorded August 19, 1969, Bk. 614, Rec . # 1535536, in
Weld County Records, ALSO EXCEPTING that portion conveyed to Theodore
and Emma Starck by deed recorded March 17, 1965, Bk. 537, Rec. #
1458912, Weld County Records.
810845
f�ECo?jbeb &kern/770/d M./6waEX, 0807• I7• I• RF .52s
M Mueller - Wood e Assoc , inc. t
AMENDED RECORDED EXEMPTION
NUMBER v 0807- 171-RE 52 \c\8
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LOCATION MAP Score./ 2000'~
N.E. cor• Sec. /7, T6/V,R•67W
cor Sec. /7
N.M'! 44.70'
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810845
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SOIL CLASSIFICATION
SOIL NO. IRRIGAIt NON-IRRIGAILD PRIME
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810845
ERNESD OFODIS ECTORS =a., NORTH WELD COUNTY WATER DISTRICT
TIGS
ALEX HEIDENREICH "Mr!! Y,
ROBERT ALKIRE F HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SIMPSON ? I V LYLE NELSON,MGR.
W.M.MOKAY -.1 13�:
P.O.BOX 56 - PHONE 356.3020
July 6 , 1983 •
RE: Water Service , Charles W. Kirby
Dear Sirs,
This letter is in response to your inquiry regarding water service
to the following described property:
Sec . 17-6-67
1 . Water service is presently being provided to the above
described property.
2 . X Water service can be made available to the above
described property provided all requirements of the
District are satisfied .
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter , this letter shall
become null and void .
Additional comments:
Sincerely,
NORTH WELD COUNTY ATER DISTRICT
e D. Nelson, Manager
LDN/wb
810845
STATE OF COLORADO
DIVISION OF HIGHWAYS
f1 7r tt:\
P.O. Box 850
Greeley. Colorado 80632-0850
(303)353-1232 •
December 30, 1981
Weld County
SH 257
Kirby Exemption
3/4 Mi . N. of
SH 392 on W.
Mr. Rod Allison Side of 257
Department of Planning Services DOH FILE 45100
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Charles Kirby exemption request, and we ask for your con-
sideration of the following comments.
1 . Projected traffic on State Highway 257 indicates the need for a total of 150
feet of right of way, 75 feet each side of the centerline. We ask that
additional right of way to meet this need be protected by reservation or,
preferably, dedication as permitted by local planning regulations.
2. There is an existing driveway to this property from State Highway 257.
Approval of this exemption request and the sale of Lot B will create the
need for another highway access. An Access Approach Permit is required
for the construction of any new access to a State highway. An application
for this permit can be obtained from Mr. Dean Yost of this office.
Thank you for the opportunity to review this exemption request.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
ouglas Rames
District Preconstruction Engineer
DDR:da ��'4,, 1 2 '4 S6
cc: D. M. Bower ti �4N
cP
D. N. Fraser (2) CD
File: Crier-Jacobson
RE
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830845
STATE OF COLORADO
DIVISION OF HIGHWAYS
"" NT
dE m by
P.O. Box 850 ,
Greeley, Colorado 80632-0850 �;��I'
(303) 353-1232
August 2, 1983 \k8. c l
Weld County
fri SH 257
//l 'Ir�i Kirby Exemption
Lit( ."t + . l� 3/4 Mi . N. of
�l/`� SH 392 on W. Side
Mr. Rod
weld Co l 257
of Planning Services
Weld County Cso lomm;s /U/ DOH
kW/kW/ FILE 45100
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Charles Kirby exemption request and ask for your considera-
tion of the following comments.
1 . As indicated in our December 30, 1981 , review of the previous exemption
request for this property, projected traffic on State Highway 257 indicates
the need for a total of 150 feet of right of way, 75 feet each side of
the centerline. We again request that additional right of way to meet
this need be protected by reservation or, preferably, dedication as permitted
by local regulations.
2. In contrast to the previous exemption, this one would create a lot, Lot B,
which could reasonably obtain access through the existing driveway at the
north end of Lot A. Therefore, we recommend that a provision be made to
use the existing driveway for access to both of these lots. Use of this
single access would be consistent with the State Highway Access Code.
Thank you for the opportunity to review this amended exemption.
Very truly yours,
ALBERT CHOTVACS
ACTING DISTRICT ENGINEER
uglas Ra es
District Preconstruction Engineer
DDR:da
cc: A. Chotvacs
D. Yost
Area Foreman
File: Crier-Jacobson w/encl .
8:70845
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